The BuzbeeLawFirm

The Buzbee Law Firm handles all types of personal injury litigation, with an interest in wrongful death, Jones Act and general maritime/offshore injuries, railroad injuries (FELA), asbestos (mesothelioma) and other chemical exposure, nursing home abuse, sexual abuse, and tractor-trailer accidents.

Wednesday, March 18, 2015

As he accompanied Gov. Rick Perry last week on a short walk from the Governor’s Mansion to a downtown Austin courthouse, there was little in Tony Buzbee’s demeanor suggesting that his client was about to be booked on felony charges returned by a grand jury four days earlier.

A bright pink pocket square in his sports coat, the Houston lawyer appeared relaxed and jovial, rarely turning his attention from chatting with the governor, who projected equally good spirits. The only hint at the occasion — or the personality behind Buzbee’s reputation as a formidable courtroom adversary — came from the periodic scowl he directed toward a waiting throng of journalists and photographers.

Just a day before, Buzbee, 46, this time in a suit and tie, had cut a different figure. Speaking at a news conference he called to introduce the high-octane legal team he had assembled, Buzbee delivered what amounted to an opening argument.

“This is nothing more than banana republic politics,” he told reporters of an indictment against Perry, which he called a “nasty attack” on democratic government.

Buzbee’s presentation included clips of an intoxicated and hostile Rosemary Lehmberg, the Travis County district attorney, at the Travis County Jail. Her office houses the public integrity unit, whose funds Perry threatened to veto if she didn’t resign after pleading guilty to drunken driving. The charges against Perry stem from that June 2013 veto, which removed state money for the unit tasked with investigating state government corruption.

“Let’s not forget beyond this video some of the things that occurred during that stop and arrest that night,” Buzbee said after he showed the video reporters. “There were times in which she was kicking, beating on the window and screaming. Anybody who sees that tape would have lost confidence in the Travis County district attorney.”

The hard-charging news conference — and the relaxed stroll to the courthouse with his client — are each emblematic of the Houston lawyer leading Perry's legal defense team, who is known both for his tenacity and flair for the symbolic gesture.

Buzbee, who does not have a background in criminal law, has made his fortune being the kind of trial lawyer Perry has spent much of his time in office villainizing — going after oil companies, automobile manufacturers and governmental entities on personal injury and property damage claims.

His victories include collecting $37 million in settlements from the Texas Windstorm Insurance Association, the state-run, industry-financed risk pool for property owners in parts of Texas where storms are common. Perry called a special session to overhaul the rulesgoverning storm-related lawsuits in 2011, saying reforms were needed to prevent trial lawyers from treating the fund like a “personal ATM.”

In an interview, Buzbee rejected any suggestion that the politics of tort reform were relevant to the choice to take his latest case — or that he was an unconventional pick to lead the governor's defense.

“I don’t think it’s unusual in cases like this for defendants to choose the lawyer that he or she trusts the most and thinks will do the best job,” he said.

A statement on Buzbee from Travis Considine, a Perry spokesman, echoed that sentiment.

"Governor Perry chose Tony Buzbee to lead his legal team because he has great confidence and trust in his abilities," he said.

The friendship between the two men began during Perry’s 2012 presidential campaign. A mutual friend reached out to the lawyer, who like Perry is a Texas A&M University graduate, to see whether he would help coach the governor after his stumbling performances in early debates.

“Those are high-pressure situations, and we spent a lot of time together,” said Buzbee, whom Perry appointed to the A&M Board of Regents in 2013.

Buzbee also became a financial supporter of the governor during that time. In addition to hosting fundraisers and lending a jet for travel, he gave $250,000 to a political action committee set up to support the presidential bid and another $50,000 to Perry’s state campaign fund.

Until then, Buzbee primarily contributed to Democratic causes. That includes $15,000 to the Democratic Congressional Campaign Committee and over $200,000 to the Texas Trial Lawyers Association, which supports mostly Democratic candidates. A former chairman of the Galveston County Democratic Party, Buzbee ran for the Texas House as a Democrat in 2002. He said now he no longer considers himself a partisan.

“I think people’s political views change as they get older,” he said.

Buzbee’s appeal to Perry as a lead attorney may go beyond the personal connection between the two men.

Successful plaintiff lawyers are typically highly skilled at molding public perception of their cases, said Beaumont-based attorney Brent Coon, whose personal injury work has often overlapped with Buzbee’s. Coon said they also have another quality that could benefit Perry: an appetite for keeping up an aggressive offense throughout protracted legal fights.

“They are good with sound bites. They are good with quotes, they are good with shaping the case in a way that fits them,” he said. “Some people carry swords, some people carry shields. Plaintiff lawyers carry swords. Because you have to be aggressive, you have to be in attack mode, you have to be proactive because you don’t win cases playing defense.”

In a career spanning a decade and a half, Buzbee has accumulated a resume notable not just for sizable wins but a sheer variety of cases.

“I’m not the typical car wreck lawyer that people like to write about,” he said. “If somebody has been aggrieved, and I think their case is right, I’ll represent them, and I’ll probably win.”

He has represented displaced victims of Hurricane Katrina who stayed in formaldehyde-laced FEMA trailers; Vietnamese welders lured to the U.S. through a human trafficking scheme; a father whose underage daughter drowned in a car accident after her first night of work at a Galveston-area strip club; former NFL players suing the league after suffering the effects of concussions; and two separate women whose jilted fiances demanded the return of engagement rings.

Buzbee filed lawsuits in 2012 against the now-deceased Amarillo millionaire Stanley Marsh III, the celebrated arts patron behind the Cadillac Ranch, on behalf of 10 teenage boys who said he sexually abused them in exchange for cash, drugs and alcohol. He has also sued a DNA testing firm that mailed a woman the leg of her dead father, Ford Motor Co. for therollover death of a 13-year-old boy, and an Emirati sheik accused of torturing a Houston businessman at his royal ranch after he threatened to expose his sadistic treatment of other prisoners.

In 2011, he won a settlement from British Petroleum exceeding $150 million for a group of 19 workers injured in the Deepwater Horizon explosion. That followed a $100 million verdict a jury returned in 2009 for workers sickened by toxic fumes at BP’s Texas City refinery.

It is work that has not escaped the notice of the state’s influential tort reform lobby.

“A truth-challenged, opportunistic personal injury trial lawyer,” is how Texans For Lawsuit Reform, a business group that operates one of the state’s most powerful political action committees, referred to Buzbee in a February news release.

Sherry Sylvester, a spokeswoman for the group, emphasized its support of Perry, calling his indictment a “crass political attack.” But she added that TLR “stands by our previous statements regarding Tony Buzbee.”

With his latest case, Buzbee has also received criticism from other trial lawyers, including Coon, who said he would have declined the job.

“It would be very difficult to help the governor on this particular issue because he has been a very strong advocate for tort reform, which I find is just wrong, just grievously wrong,” he said.

Buzbee said he was aware his decision to represent Perry had attracted disapproval from other trial lawyers. But he shrugged off his detractors.

“Any lawyer who has taken an oath in the state of Texas, who would not want to be involved in the case and on the side of the governor, probably doesn’t understand their oath,” he said. “We can argue about tort reform, I guess. But it hasn’t impacted my practice.”

Disclosure: Tony Buzbee was a major donor to The Texas Tribune in 2012. The Texas A&M University System and Texas A&M University are corporate sponsors of the Tribune. BP America has been a corporate sponsor of the Tribune. A complete list of Texas Tribune donors and sponsors can be viewed here.

Thursday, March 12, 2015

Parents seek $2.5M for son’s death in fire on shrimp boat

The parents of a recently deceased man have filed suit against the owners of the boat that caught fire with their son aboard, causing his death.

Kha Dang and Ngo Thi Dang, individually and on behalf of the estate of Teo Cung Dung, filed suit July 18 in the Jefferson County District Court against TL&S Corp. and Hieu Trung Tran.

According to the complaint, the plaintiffs’ son, Teo Cung Dung, was participating in a month-long shrimping trip on board the Lucky Diamond. He and his three fellow crew members were in the Gulf of Mexico on May 10, 2012, when the boat’s master observed heavy smoke and fire coming from a deck area near crew quarters, according to the complaint.

Buzbee

The master made attempts to extinguish the fire, but was not successful and ultimately abandoned the ship, the suit states. He boarded another boat and cut the mooring lines to the Lucky Diamond, the complaint says.

The vessel burned for several hours before sinking, the suit states. Three crew members on the vessel, including Teo Cong Dang, died.

Due to their son’s death, the Dangs lost his maintenance, care, support, services, companionship and society, the complaint says.

They blame defendant TL&S Corp., which owned the boat, and Hieu Trung Tran for contributing to their son’s death, saying they negligently failed to ensure necessary inspections occurred, failed to ensure equipment was in a safe operating condition, failed to ensure the vessel was safe for travel and failed to institute proper safety measures, among other negligent actions.

The Dangs seek a judgment of $2.5 million, plus pre- and post-judgment interest at the legal rate, costs and other relief the court deems just.

This is a report on a civil lawsuit filed at the Jefferson County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it represents only one side of the story.

Tuesday, March 10, 2015

Just Win Campaign

Several years into his career, Tony
was speaking with a client prior to a scheduled trial in a hotly
contested case. In the conversation, Tony was attempting to ascertain
from the client what he wanted out of his lawsuit, in other words, what
would make him happy. When a client is in a lawsuit, it is important
that the client be realistic about the potential outcomes; the law can
only do so much, and many times what a client truly wants, the law
cannot provide. As a professional, it is the lawyer’s job to manage
expectations and to guide the client through the difficult process.
During that conversation, Tony posed the question: “What do you hope to
gain from this case? What is it that would make you happy?” The client’s
answer that day became the motto for everything that The Buzbee Law Firm has done, and will continue to do. The client’s response? Just Win.
Does “Just Win” mean winning at any cost? No, it means applying
God-given talent, with a large amount of effort, to obtain the best
result available by law. Since its inception, The Buzbee Law Firm has
successfully represented thousands of clients.

The Buzbee Law Firm has never been an
advertising law firm. We are a trial law firm handling cases in court
for both individuals and businesses. However, over the next several
months, the firm will roll out an advertising campaign centered on its
Just Win mantra. We believe in what we do. We believe in and respect the
system. We believe in our clients. We believe in winning. Accept no
substitutes. Just Win.

For potential new cases, contact us via email at tbuzbee@txattorneys.com or call the office toll-free at 1-800-992-5393.

Monday, March 9, 2015

Notable Cases

We believe in winning. We believe in our
clients. We believe in and respect our justice system. We believe in
juries. We are proud of the wide range of cases in which we have been
involved. The Buzbee Law Firm is routinely involved in high stakes
litigation. We like contingency fee arrangements, because such an
arrangement incentivizes us by allowing our firm to participate in the
success we obtain. In those rare cases when we work at an hourly rate,
we charge more than the run-of-the-mill firm. We believe we are worth it
and our experience demonstrates that our clients believe it, too.
The Buzbee Law Firm is routinely
called upon to serve in leadership positions in high profile litigation.
We relish these opportunities, because we believe that our clients
benefit from it. We are currently involved in litigation involving
various drugs, the NFL Concussion Litigation, the BP Benzene Litigation
(Liaison Counsel), the Deepwater Horizon Explosion Litigation, the Port
Arthur Oil Spill Litigation, the FEMA Toxic Tort Trailer Litigation
(Steering Committee), the Reno Air Crash Litigation, and others. We
welcome opportunities to partner with ethical lawyers with good cases
who need our expertise, resources, and capital to bring high dollar
litigation to fruition. For potential new cases, contact us via email at tbuzbee@txattorneys.com or call the office toll-free at 1-800-992-5393.
The Buzbee Law Firm was a integral part of a team of attorneys who
collected a significant settlement from JP Morgan Chase in a breach of
fiduciary duty case brought on behalf of lease-holders.
Numerous verdicts and settlements for injured dredge workers against
companies such as Weeks Marine, Great Lakes Dredge & Dock, T.W.
LaQuay, King Fisher Marine, Orion, and Mike Hooks.
Numerous verdicts and settlements for injured offshore workers against
companies such as Rowan, Transocean, Hercules, Parker Drilling, Diamond
Offshore, Nabors, and Hercules.
Trademark Infringement: represented famed singer, Jimmy Buffett,
obtaining a judgment whereby the alleged infringer can never sell a
Buffett-related item again.
Breach of Contract and Fraud Defense: Successfully defended a
multimillion dollar case on behalf of world renowned horse trainers from
Kentucky, brought by local celebrity "Mattress Mac" against several
world renowned horse traders and trainers. Substantial settlement in a
case brought by a class of structure owners against Texas Windstorm
Insurance Association (“TWIA”). Served as co-class counsel. Confidential
settlement in a case brought by company against a major bank for breach
of fiduciary duty.
Represented a broker who was owed payment on notes of more than $100
million. Case settled within a few days of being hired and participating
in a court hearing for a confidential amount.
Represented well known hospitality chain in an effort to prevent
foreclosure, and delay payment on more than $300 million in debt
obligations that creditor claimed were immediately due and payable. Due
to the Firm's work, client was able to delay payment, and ultimately
renegotiate the debt on favorable terms.
Breach of Contract, Plaintiff: Obtained significant settlement for the
Port of Galveston Government Regulation: Represented highly regarded
developer Blackard Group pertaining to multimillion dollar development
on Galveston's West End. Having only been retained for a week, attended a
hearing and convinced court to dissolve an injunction that had held up
development for more than two years.
Environmental Litigation: Represented Spain's Basque Government in a
case seeking remedy for the largest oil spill in Spain's history.
Products Liability: After a worker was burned with dry cleaning
chemicals, the firm filed suit against the dry cleaning machine
manufacturer. Shortly after suit filed, the manufacturer agreed to
settle by paying our client and agreeing to do a nationwide retrofit of
dry cleaning machines.
Offshore death case: Forced offshore company to install guards on all
hose reels. Confidential settlement. Forced a major offshore drilling
contractor to immediately remediate all of its oceangoing vessels to
remove asbestos; class wide settlement.
Offshore collision case: Represented two workers injured in a vessel
collision in the Houston Ship Channel. Both claimed back injuries,
although neither was operated. Settlement reached after the firm tried and won the Defendant's Limitation Action. Negligence/Personal Injury: In
addition to significant payment, utility company agreed to change its
safety policies and family received an apology from the company
president.
Represented a child allegedly sexually assaulted in a hospital. Case
brought against the insurer who chose the facility. Case settled
confidentially; in additional to payment, the facility changed its
policies and procedures to prevent such from happening again.
Wrongful Death: Represented stepdaughter of infamous murderer Clara
Harris.
Antitrust/Class Actions: Represented more than 10,000 offshore drilling
workers in a case alleging wage fixing, resulting in substantial class
wide-settlement in which each eligible worker received money. Case
settled for $75 million. Expenses were $540,000. Fees awarded by the
Court were $18 million.
Plant explosions: Represented more than 160 workers injured in the
largest industrial accident in U.S. history, obtaining extremely
favorable settlements and serving on the Plaintiff's steering committee.
Toxic Torts: Tried first FEMA toxic trailer test case in New Orleans
Federal Court. Serve on the court-appointed Plaintiffs' Steering
Committee. Case has now settled.
Toxic Torts: Appointed Liaison Counsel by the court for MDL of more than
20,000 Benzene exposure cases filed against BP. Note: These verdicts
and settlements are intended to be representative of cases handled by
Tony Buzbee and The Buzbee Law Firm. As the facts and law on each case
differ, these listings are not a guarantee or prediction of the outcome
of any other claims.

If you have suffered damage to your home or business, your insurance
company will likely complicate the claims process and try to improperly
deny some or all of the claim.
To learn more about your options and your rights in a dispute with
your insurance company, contact us via email at tbuzbee@txattorneys.com
or call the office toll-free at 1-800-992-5393.

Representative Matters

The Buzbee Law Firm has helped hundreds of individual and commercial
policy holders with claims against their insurers, for insufficient
payment of claims or for improper denial of claims. The firm has
represented clients with insurance disputes arising from accidents,
fires, floods and Hurricanes Rita, Dolly, and Ike.

Real Estate

When disputes involving real property arise, the
matter can seriously affect the ability of a major project to move
forward in a timely manner. If you are involved in a real estate
dispute, select a law firm that has the courtroom experience and sense
of urgency and business understanding you require.

Technology

The firm’s attorneys have extensive experience
representing large and small technology companies in litigation and
pre-litigation disputes relating to misappropriation and breach of
contract.

For potential new cases, contact us via email at tbuzbee@txattorneys.com or call the office toll-free at 1-800-992-5393.

Tuesday, February 24, 2015

Oil Field Accidents

Due to the fast pace of the oil and gas well
drilling activity in the United States, and particularly in Texas, the
numbers of oilfield accidents and oil field-related injuries and deaths
happen at an alarming rate. Many of these oilfield injuries are
catastrophic due to the nature of the dangerous work involved.

Oilfield workers are often forced to work long periods of time
without adequate rest, forced to take chances in the spirit of being a
team player, forced to work with some workers that are under the
influence of drugs or alcohol or forced to work beside oilfield workers
that often take short cuts and ignore established safety standards in
order to keep the drilling rig operating at a fast, high profit rate.

The Buzbee Law Firm is proud to represent working people and we have
represented several workers injured during onshore and offshore drilling
operations.

If you have been injured in an oil field accident, contact us via
email at tbuzbee@txattorneys.com or call the office toll-free at
1-800-992-5393.